Day 097 - 06 Mar 95 - Page 11
1 indication that the person is willing to repeat that in
2 evidence, but if you have a witness who cannot read or
3 write or is not particularly good at reading or writing,
4 the best thing is to take down what he or she would say,
5 over the phone if need be, identify who the person is and
6 get it all down on a sheet of paper ---
7
8 MR. MORRIS: And read it back?
9
10 MR. JUSTICE BELL: -- "So and so, so and so, of, address",
11 unless there is some particular reason for not giving it,
12 "will say" and then produce that, because the main point
13 of disclosing the statement is to give the other side
14 notice of what you anticipate the evidence will be. So, do
15 not get too hung up with how it is going to be written out.
16
17 MR. RAMPTON: My Lord, I should say we would need to know his
18 name and the dates he is alleged to have worked at Sun
19 Valley and where it was that he worked because we may need
20 to call evidence to deal with it.
21
22 MR. JUSTICE BELL: Very well. Make sure you have his name,
23 where he works and whether he works for Sun Valley or is
24 employed by some contractor -- when he worked for Sun
25 Valley, I mean.
26
27 MR. MORRIS: He was employed by Sun Valley.
28
29 MR. JUSTICE BELL: Right, very well.
30
31 MR. MORRIS: I only spoke to him the first time a week ago,
32 otherwise we may have considered doing it a bit earlier.
33
34 MR. JUSTICE BELL: But where are we going after Easter then?
35 Let me hear Mr. Rampton about that, Mr. Morris.
36
37 MR. RAMPTON: My Lord, I have a somewhat grim picture. I have
38 not over-looked Mr. Morris' schedule. I would only say, so
39 far as Mr. Clark is concerned, that the prediction that he
40 is to be confirmed for 22nd March is, to my own knowledge,
41 somewhat optimistic -- I would only say that; my belief
42 being that he is not in any real position to come down
43 again much before the beginning of April.
44
45 My Lord, I notice also the asterisks on the right hand
46 margin. I do not know what the reason is for that
47 proposal. All I would say about employment in that
48 connection is this, that I have got Mr. Stan Stein fixed,
49 like Mr. Beavers, having prepared his diary for the whole
50 of the period from 2nd May inclusive through to the end of
51 Friday, 12th.
52
53 Mr. Morris said Mr. Beavers is an employment witness --
54 only in a limited sense is he an employment witness. It is
55 Mr. Stein who deals with all the detailed allegations, or
56 most of them, in the defence which relates to matters
57 arising outside this country and the most of Europe. That
58 is why we fixed him for virtually two weeks. I would be
59 very unhappy to dislodge him. I do not believe that it
60 really matters whether he stands isolated as an employment
